Legal status of state corporation and state company. Legal status of state corporations in the Russian Federation. Creating safe and favorable living conditions for citizens and stimulating the reform of housing and communal services,

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Ready-made thesis in civil law on the topic "Legal status of state corporations". this work made taking into account changes in Russian legislation as of November 2009. The individuality of this work when checking in the Anti-plagiarism system is 71%.

Description

Introduction
Chapter I. The concept and features of state corporations as subjects of civil law relations
1.1 general characteristics the regulatory framework of the Russian Federation, dedicated to state corporations
1.2. The concept and features of state corporations
1.3. The procedure for the creation, reorganization and liquidation of state corporations
Chapter II. General characteristics of state corporations and their activities
2.1. General position modern state corporations in the Russian Federation
2.2. Specificity of legal regulation of state corporations
2.3. Prospects for the development of Russian legislation on the example of state corporations
Conclusion
Bibliography

The thesis in civil law on the topic "Legal status of state corporations" was written in November 2009.

The volume of work is 70 pages.

Introduction

The relevance of the topic of the thesis. The rapid development of the Russian economy during the period of rising oil and gas prices, the active attraction of foreign investment in the Russian economy in 2000-2008, as well as the relative stability of the global economy, made it possible Russian government accumulate huge financial resources that were directed to various expensive social projects(For example, national project affordable housing), complex infrastructure projects (Preparation for the APEC summit in 2012 in Vladivostok and the Winter Olympics in Sochi in 2014). The above and other strategic projects that require large financial investments require, among other things, high management efficiency organizational structures using public funds. As a result, it was decided not to use the form of a unitary enterprise or joint-stock company, but to create state corporations endowed with the broadest powers, which, in the opinion of the state authorities, are capable of solving the grandiose tasks planned by the Government of the Russian Federation.

The use of state corporations to solve strategic projects of the Russian state was motivated by the viability of the first state corporation in Russia, the Agency for deposit insurance". This state corporation effectively influenced the development of the banking sector, and also manages significant financial resources.

The deposit insurance fund of the state corporation at the beginning of the year 2008 increased to 68 billion rubles. This is more than 5 percent of insured deposits, which corresponds to the adequacy ratio recognized by world practice. In 2007, the profitability of placement of temporarily free funds of the fund was 7.2 percent. Profit from investment made it possible to increase the deposit insurance fund in the amount of about 2.7 billion rubles. According to the head of the state corporation A. Turbanov, the Deposit Insurance Agency's cash reserves by the end of 2008 will increase to 95-97 billion rubles.

Conclusion

A state corporation is a new subject of law, whose legal capacity is exercised primarily in the areas of civil and administrative law.

public origin, close managerial communication with the state and in general, the managerial image is the framework of the status of a state corporation. The original property regime and "free floating" in market relations- civil law features. Obviously, public corporations are subject to mixed legal regulation. In any case, this is how we will call it until the status of public legal entities will not be fully regulated by public law.

The very emergence of state corporations testifies to the strengthening of the direct participation of the state in economic relations. "To a certain extent, a significant adjustment of the country's liberal course of economic development, aimed at strengthening the public sector of the economy, has been demonstrated." Of course, state corporations are another conductor of the economic policy of the state, and this requires the consolidation of their special connection with the state.

The most common reasons for the creation of state corporations in the world are the economic crisis, the lack of goods and services of public importance, their low quality or inflated prices, the need to weaken the country's historical dependence on foreign capital. Therefore, state corporations are a new subject link in the conduct of state policy in a particular area. They are a consequence of deregulation, since, on the one hand, they must fit into the market system, on the other hand, they must managerial functions, "unloading" the state.

Bibliography

I. Regulatory legal acts and materials of judicial practice

Civil Code of the Russian Federation (part one) dated November 30, 1994 N 51-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 21, 1994) (as amended on July 17, 2009, as amended on July 18, 2009) // Collection of Legislation of the Russian Federation, 05.12.1994 , N 32, art. 3301
Federal Law No. 7-FZ of January 12, 1996 (as amended on July 17, 2009) “On Non-Commercial Organizations” (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 8, 1995) (as amended and supplemented, effective from August 1, 2009) // Collection of Legislation of the Russian Federation, 15.01.1996, N 3, art. 145
Federal Law No. 140-FZ of 08.07.1999 “On Amending the Federal Law “On Non-Commercial Organizations” (adopted by the State Duma of the Federal Assembly of the Russian Federation on 06.25.1999) // SZ RF. 1999. N 28. Art. 3472
Federal Law of July 8, 1999 N 144-FZ "On the restructuring of credit institutions" // SZ RF. 1999. N 28. St. 3477.
Federal Law No. 87-FZ of July 28, 2004 “On Recognizing the Federal Law “On Restructuring Credit Institutions” and Certain Provisions of Legislative Acts of the Russian Federation as Invalid, as well as on the Procedure for Liquidating the State Corporation “Agency for the Restructuring of Credit Institutions” // SZ RF. 2004. N 31. Art. 3223
Federal Law No. 177-FZ of December 23, 2003 (as amended on December 22, 2008, as amended on September 27, 2009) “On Deposit Insurance individuals in banks of the Russian Federation” (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 28, 2003) // Collection of Legislation of the Russian Federation, December 29, 2003, No. 52 (part I), art. 5029
Federal Law No. 82-FZ of May 17, 2007 “On the Development Bank” (adopted by the State Duma of the Federal Assembly of the Russian Federation on April 20, 2007) // Collection of Legislation of the Russian Federation, May 28, 2007, No. 22, art. 2562
Federal Law of July 19, 2007 N 139-FZ (as amended on April 9, 2009) “On the Russian Corporation of Nanotechnologies” (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 4, 2007) // Collection of Legislation of the Russian Federation, July 23, 2007, N 30, art. 3753
Federal Law of July 21, 2007 N 185-FZ (as amended on July 17, 2009) “On the Fund for Assistance to the Reform of Housing and Communal Services” (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 6, 2007) // Collection of Legislation of the Russian Federation, July 23, 2007, N 30, Art. 3799
Federal Law of October 30, 2007 N 238-FZ (as amended on July 17, 2009) “On the State Corporation for the Construction of Olympic Facilities and the Development of the City of Sochi as a Mountain Climatic Resort” (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 18, 2007) // Collection of Legislation of the Russian Federation, 05.11 .2007, N 45, Art. 5415
Federal Law of November 23, 2007 N 270-FZ (as amended on May 7, 2009) “On the State Corporation “Russian Technologies” (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 9, 2007) // Collection of Legislation of the Russian Federation, November 26, 2007, N 48 (2 hours). ), Art. 5814
Federal Law of December 1, 2007 N 317-FZ (as amended on July 19, 2009) “On the State Atomic Energy Corporation Rosatom” (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 13, 2007) // Collection of Legislation of the Russian Federation, December 3, 2007, N 49, Art. 6078,
Federal Law of December 2, 1990 N 395-1 (as amended on April 28, 2009) “On Banks and Banking Activities” // Collection of Legislation of the Russian Federation, February 5, 1996, N 6, art. 492
Federal Law No. 129-FZ of August 8, 2001 “On state registration legal entities and individual entrepreneurs» // SZ RF. 2001. N 33 (part I). Art. 3431
Federal Law of November 3, 2006 N 174-FZ (as amended on October 18, 2007) “On Autonomous Institutions” (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 11, 2006) // Collection of Legislation of the Russian Federation, November 6, 2006, N 45, art. 462
Federal Law of May 13, 2008 N 68-FZ "On the centers of historical heritage of the presidents of the Russian Federation who have ceased to exercise their powers" // SZ RF. 2008. N 20. Art. 2253.
Order of the State Atomic Energy Corporation "Rosatom" of December 12, 2008 N 658 "On the procedure for publishing and entry into force of acts of the State Corporation "Rosatom", recognized by the Ministry of Justice of the Russian Federation as not requiring state registration"
Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Court Arbitration Court RF dated July 1, 1996 N 6/8 “On some issues related to the application of the first part of the Civil Code of the Russian Federation // Bulletin of the Supreme Arbitration Court of the Russian Federation. 1996. No. 9.

II. Special and journalistic literature

Businessmen attacked Medvedev // Nezavisimaya Gazeta. 2008. 9 April.
Bogdanov E. Legal regime of state corporation property // Economy and law. 2008. No. 5.
Verbitskaya Yu.O. On the division of organizations into commercial and non-commercial // Corporations and institutions: Collection of articles / Ed. ed. M.A. Rozhkov. M.: Statute, 2007.
Civil law. Volume 1: Textbook / Ed. A.P. Sergeeva, Yu.K. Tolstoy. M., 2002
Civil law regulation of the creation and activities of state corporations under Russian law (A.B. Tselovalnikov, "The laws of Russia: experience, analysis, practice", N 4, April 2009)
Dolinskaya V.V. State joint-stock companies// Collection scientific papers dedicated to the memory of V.A. Ryasentsev. MGUA / Resp. editor: A.G. Kalpin, A.I. Maslyaev, V.V. Dolinskaya. M., 1995;
Dolinskaya V.V. Legal entities: Ch. 6 // Civil law. Part one: Textbook / Ed. ed. A.I. Maslyaev, V.P. Mozolin. M., 2007.
Efimova L.G. On the legal nature of state corporations // Economy and law. 2008. N 8
Zurabyan A.A. Legal nature of the body of the corporation // Legal world. 2006. No. 11.
Internet interview with E.A. Sukhanov // www.consultant.ru/law/interview/sukhanov.html
Kashanina T.V. Corporate law. M., 2006.
TVNZ. 2008. June 9.
Kulik A.A. Corporations in the civil law of the Russian Federation // Law and Politics. 2007. No. 7.
Kurbatov A.Ya. Legal regulation activities of state corporations as an organizational and legal form of legal entities.
Kurbatov A.Ya. Legal regulation of insolvency (bankruptcy) of credit organizations // Economy and law. 2006. N 4.
Luzan S. Regulation and management of enterprises with state participation: international experience // Questions of Economics. 2004. N 9.
Makarova Ya.M. Problems legal status Central Bank Russian Federation as a legal entity: Diss. … cand. legal Sciences. M., 2000.
Novak D.V. To streamline the system of non-profit organizations // Bulletin of Civil Law. 2007. N 3.
Osakwe K. Comparative Law in Schemes: General and Special Parts. M., 2002.
Petukhov V. Some issues of administrative and legal regulation of the organization and activities of corporations in Russia // Law and Economics. 2000. No. 4.
1. Potapov V.A., Lazarev V.V. Corporations and their types in Russian legal system// Foreign trade law. 2006. N 2.
Legal status of the Deposit Insurance Agency (L.G. Efimova, "Legal work in a credit organization", N 3-4, July-December 2008)
Problems of legislation on state corporations (V.V. Dolinskaya, "Laws of Russia: experience, analysis, practice", N 4, April 2009)
Semenov A., Seregina T. Features of the legal status of the state corporation // Law and Economics. 2008, No. 2; Kurbatov A. State corporation as an organizational and legal form of a legal entity // Economy and law. 2008. No. 4; Bogdanov E. Legal regime of property of state corporations // Economy and law. 2008. No. 5; Kudashkin V.V. Myths and reality of state corporations // Ezh-Lawyer. 2008. No. 24; Efimova L. On the legal nature of state corporations // Economy and law. 2008. No. 8.
Soldatova V.I. “New Federal Law “On the Development Bank” // “Law and Economics” 2007 N 10.
Stepashin S. Modernization - Russia's breakthrough according to Putin's plan // Russian newspaper. 2007. November 2.
Suyazov E.E. Legal nature of corporations in the Russian Federation // Lawyer. 2002. No. 6.
Chemezov S. Capital // Kommersant. 2008. July 14
Chirkin V.E. Legal entity of public law. M., 2007

On October 2, 2016, the position of public law companies and state corporations in the Russian Federation was legislatively determined.

the status of a public company was specified,
it was established that the state corporation is a separate organizational and legal form of a non-profit organization.

Such innovations are envisaged by the “On Public Law Companies in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” (hereinafter - Law No. 236-FZ). Based on it, it is now possible to determine the similarities and differences between a public company and a state corporation.

Public law company

The possibility of creating a non-profit organization in the form of a public law company was fixed by the legislator as early as September 1, 2014 (subclause 11, clause 3, article 50 of the Civil Code of the Russian Federation). However, he did not specify the legal status of this form. The only clarification was that a public company is a unitary legal entity (paragraph 2, clause 1, article 65.1 of the Civil Code of the Russian Federation).

Since October 2, the legal status of a public company has been regulated in detail by Law No. 236-FZ. In particular, he revealed the concept of this form (part 1, article 2).

Thus, a public company is a unitary non-profit organization, which the Russian Federation:

created according to the rules of Law No. 236-FZ and
gave functions and powers of a public law nature in order for the company to act in the interests of the state and society.

For clarity, the features of the legal status of a public company should be considered in comparison with the features of a state corporation.

State Corporation

After September 1, 2014, uncertainty arose as to whether the state corporation should be considered an independent organizational and legal form or not.

a separate form of a non-profit organization (subclause 14, clause 3, article 50 of the Civil Code of the Russian Federation). In particular, it is not a kind of public company and not some additional form of legal entity;
unitary legal entity (paragraph 2, clause 1, article 65.1 of the Civil Code of the Russian Federation). In other words, no matter how strange it may sound, a state corporation is not a corporation at all (in terms of dividing all legal entities into corporate and unitary ones).

At the same time, there were no separate provisions regulating the activities of state corporations in the Civil Code of the Russian Federation. This means that the legal status of a state corporation is still determined by:

Article 7.1 of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations" (hereinafter referred to as the Law on Non-Commercial Organizations) and
federal laws on the creation of specific state corporations (for example, "On the State Atomic Energy Corporation "Rosatom"").

Similarities between a public law company and a state corporation

A public company and a state corporation have three main similarities:

both legal entities are unitary non-profit organizations;
founder - Russian Federation;
supreme body management - the supervisory board (in a state corporation it is also allowed to call it the board of directors).

Differences between a public company and a state corporation

For clarity, the differences should be considered in the form of a table.

Criteria for comparison	Public law company	State Corporation
Creation method	Either the establishment (creation of a company from scratch) or the reorganization of one of the three legal entities: 1) state company; 2) a joint-stock company with a single shareholder - Russian Federation; 3) a state corporation, with the exception of five corporations: Development Bank and foreign economic activity(Vnesheconombank)", "Deposit Insurance Agency" Rostec, Rosatom, "Roskosmos"	institution
Foundation for creation	Federal law or presidential decree	the federal law
Founding document		the federal law
Functions and (or) powers	Functions and powers of a public law nature, including: carry out state policy; provide public services; manage state property; modernize and develop the economy; perform control, management and other socially useful functions in certain areas and sectors of the economy; implement especially important projects and state programs (in particular, on the socio-economic development of the regions)	Social, managerial or other socially useful functions
Source of property formation	Mandatory source - the property contribution of the Russian Federation or the property of a legal entity transformed into a public company. Additional (possible) sources: voluntary contributions; income from the company's activities; other receipts not prohibited by law	A mandatory source is the property contribution of the Russian Federation. Additional (possible) source - income from the activities of the state corporation
Legal status of property transferred to the organization	Property of a public company. However, the company must use the property for the purposes of its activities and for the performance of its functions. The supervisory board of the company has the right to transfer part of its property to the ownership of the Russian Federation free of charge	The property of the state corporation. However, the corporation must use the property for purposes statutory about its creation

A state corporation has the features listed in the table, unless the federal law on its creation provides otherwise ().

Legal status of state corporations in the Russian Federation

Bolotin S.S.

Tyumen State University

scientific adviser: Tordia I.V.

G A state corporation is a non-profit organization without membership, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. Specification of the goals of creation and functions of the activity is carried out federal law, in accordance with which a specific legal entity is created in the organizational and legal form of a state corporation.

Based on the provisions of the law, state corporations have the following features:

1. lack of constituent documents (instead of them, Federal Laws are adopted)

2. special ways of forming property (property contribution, income from activities, subsidies from the federal budget, funds from the reserve funds of the corporation, voluntary property contributions) and the fact that state property becomes the property of the corporation

3. reorganization and liquidation is carried out in accordance with the Federal Law by which the corporation was created

4. no obligation to submit to state bodies documents containing a report on their activities.

On the this moment There are 6 state corporations in the Russian Federation:

1. Bank for Development and Foreign Economic Affairs (Vnesheconombank);

2. Deposit Insurance Agency;

3. Fund for Assistance to the Reform of Housing and Communal Services;

4. State Corporation for the Promotion of the Development, Production and Export of High-Tech Industrial Products (Rostechnologii);

5. State Atomic Energy Corporation (Rosatom);

6. State corporation for the construction of Olympic facilities and the development of the city of Sochi as a mountain climatic resort (Olympstroy).

I would like to dwell on certain problems related to the activities of state corporations.

First, in withdrawal from general rules state corporations are entitled to carry out activities requiring licensing, without a license - on the basis of the law. For example, Vnesheconombank, on the basis of the Federal Laws "On the Development Bank" and "On the Market valuable papers"has the right to carry out banking operations, and also has special legal capacity in the field of professional activity in the securities market.

Secondly, Of particular interest is the legal nature of the property right of state corporations to the property transferred to it by the founder. On the one hand, the law determines that the property transferred by the state is the property of state corporations, on the other hand, during the existence of a state corporation, the right of the Russian Federation to state property transferred to it is suspended. It is restored to the property transferred to the corporation and acquired by the state on the property newly created and acquired by the state corporation during its operation. It should also be mentioned that when an organization is liquidated, the property is transferred back to the ownership of the state, and I think it is not a secret for anyone that the property received after the liquidation will be much less than that transferred ...

When characterizing individual state corporations, some features of their activities can be distinguished:

1. The deposit insurance agency actually carries out the activities of an insurance company that is commercial.

2. Vnesheconombank carries out not only banking, but also insurance activities. No one exercises control over the activities of VEB; in addition, the Bank is endowed with exclusive powers to issue bonds and other securities in accordance with the legislation of the Russian Federation. At the same time, this right is granted only to commercial organizations, and even then not to all. In addition to all this, VEB has such powers that allow it to create competition in the economic turnover. At the end of 2010, VEB received 29 billion rubles. arrived. VEB is one of the three largest Russian banks! But it was originally planned that state corporations would be a link between public authorities and business entities, which in no way implied compiling competition by the latter!

3. Olimpstroy in the manner established by Part 1 of Art. 12 of the aforementioned Federal Law No. 238-FZ, finances at its own expense measures to seize real estate objects into federal ownership in accordance with the legislation of the Russian Federation for the construction of Olympic facilities (which is contrary to the rules of the Civil Code of the Russian Federation and other legislative acts on the seizure of land for state needs).

4. Rosatom is generally endowed with the powers of state bodies - it has the right to adopt regulatory legal acts in the established field of activity, and can also recognize acts of the authorities of the Russian Federation and the former USSR as not valid on the territory of the Russian Federation. In addition, this legal entity is allowed to have its own paramilitary security units. In essence, this state corporation acts as a public authority, and not as a private legal entity.

5. And the only state corporation, the existence of which does not contradict the legislation of the Russian Federation, is the Housing and Public Utilities Reform Assistance Fund.

Therefore, based on the previously mentioned, we can conclude that state corporations, as they are now, significantly contradict the law. The following can be cited as proof of this:

1. a clear difference between state corporations and other types of non-profit organizations, which, as a general rule, should have a single organizational and legal form;

2. control of state corporations by the state in the sphere of functioning exclusively for state purposes;

3. lack of control in the management and spending of funds allocated by the state.

Thus, if there is a contradiction, then it must be eliminated, but if it cannot be eliminated, then the corporation must be eliminated.

It should also be noted that state corporations, in our opinion, are one of the types of public legal entities, along with the state itself and its bodies, as well as the Bank of Russia, the Accounts Chamber and other necessary structures, the regulation of which cannot be filled only by the provisions on legal entities, contained in the Civil Code of the Russian Federation. The public essence of state corporations is to achieve the public interests set by the state, as well as to perform the functions and powers of public authorities.

The fact of equating the status of an employee of a state corporation with the status of a state civil servant also testifies precisely to public status of this institution.

Therefore, in order to avoid contradicting the law, in this case it is necessary to recognize state corporations as legal entities of public law.

List of used literature:

1. Adarchenko E.O. State corporations as a type of legal entities of public law;

2. Federal Law No. 317-FZ of December 1, 2007 "On the State Atomic Energy Corporation "Rosatom" // SZ RF. -2007. - No. 49. - Art. 6078;

3. Federal Law No. 270-FZ of November 23, 2007 "On the State Corporation "Russian Technologies" // SZ RF. -2007. - No. 48 (2 hours). - Art. 5814;

4. Federal Law No. 82-FZ of May 17, 2007 “On the Development Bank”//SZ RF. - 2007. - No. 22. - Art. 2562;

5. Federal Law of July 21, 2007 N 185-FZ "On the Fund for Assistance to the Reform of Housing and Communal Services" // SZ RF. -2007. - No. 30. - Art. 3799;

6. Federal Law No. 177-FZ of December 23, 2003 “On insurance of deposits of individuals in banks of the Russian Federation”//SZ RF. -2003. - No. 52 (Part I). - Art. 5029;

7. Federal Law No. 238-FZ of October 30, 2007 "On the State Corporation for the Construction of Olympic Facilities and the Development of the City of Sochi as a Mountain Climate Resort" // SZ RF. - 2007. - No. 45. - Art. 5415.

Fedotov P.V. State corporations in Russia: issues of property management. Journal "Lawyer", 2011, No. 13;

State Corporation- a non-profit organization without membership, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. A state corporation is created on the basis of a federal law. The property transferred to the state corporation by the Russian Federation shall be the property of the state corporation. A state corporation shall not be liable for the obligations of the Russian Federation, and the Russian Federation shall not be liable for the obligations of a state corporation, unless otherwise provided by the law providing for the establishment of a state corporation.

Features of the legal status

The Civil Code is created on the basis of federal law.

The property transferred to the Civil Code of the Russian Federation is the property of the Civil Code, that is, it is not state property (this Civil Code differs from Federal State Unitary Enterprises). Thus, control over the property of the Civil Code is removed from the supervision of the Accounts Chamber of the Russian Federation.

The Civil Code is not liable for the obligations of the Russian Federation, and the Russian Federation is not liable for the obligations of the Civil Code, unless otherwise provided by the law providing for the creation of the Civil Code.

The SC differs both from OJSC with predominant state participation, and from state unitary enterprises(FSUEs): in particular, the GCs are not subject to the disclosure provisions required for public JSCs, as well as the operation of the bankruptcy law; in contrast to the Federal State Unitary Enterprises, the Civil Codes are taken out of the control of a number of state bodies.

The GC is not required to submit to government bodies documents containing a report on their activities (with the exception of a number of documents submitted to the government of the Russian Federation). In particular, state bodies without the consent of the Civil Code cannot:

request from the management bodies of the corporation their administrative documents;

request and receive information about the financial and economic activities of the corporation from the state statistics authorities, the federal executive body authorized to control and supervise taxes and fees, and other state supervision and control bodies, as well as from credit and other financial organizations;

send representatives to participate in the events held by the corporation;

to conduct compliance checks on the activities of the corporation, including on spending Money and the use of other property, for the purposes provided for by its constituent documents, in the manner determined by the federal executive body exercising the functions of legal regulation in the field of justice;

in the event of a violation of the legislation of the Russian Federation or the commission by the corporation of actions contrary to the goals provided for by its constituent documents, issue a written warning to it indicating the violation committed and the deadline for its elimination;

establish the conformity of the spending of funds and the use of other property by corporations with the goals provided for by their constituent documents.

The provisions of Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” do not apply to state corporations. But if a state corporation uses state land, then there are formal grounds for exercising control by the Accounts Chamber. For example: “monitoring the effectiveness and compliance with the intended use of state property ( land plots), which is in the use of the Civil Code ... "In addition, Article 12 of the Federal Law" On the Accounts Chamber of the Russian Federation "includes organizations in the scope of control powers, in terms of the tax, customs and other benefits and advantages granted to them. The procedure for the formation of a state corporation, that is, the property contribution of the Russian Federation, is the advantage on the basis of which these organizations are subject to control by the Accounts Chamber of the Russian Federation. The subject of control is the effectiveness of managing the property contribution of the Russian Federation.

State corporations are not subject to the provisions of federal law No. 94-FZ on public procurement, which allows state corporations to hold tenders and auctions for the purchase of goods, works and services in an arbitrary manner.

Control over the activities of the Civil Code is carried out by the Government of the Russian Federation on the basis of the annual submission by the corporation annual report, auditor's report on maintaining accounting and financial (accounting) statements, as well as conclusions audit commission based on the results of the audit of the financial (accounting) statements and other documents of the corporation. Any others federal authorities state authorities, state authorities of the constituent entities of the Russian Federation, local governments are not entitled to interfere in the activities of corporations. The GC is not required to publish these reports.

Features of the legal status of a state corporation, including the procedure for appointing a head, are established by a law providing for the creation of a state corporation (according to most of these laws, the head of the Civil Code is appointed by the President of the Russian Federation).

In the second half of 2007, the creation of various state corporations accelerated; in particular, the state corporation Fund for Assistance to the Reform of Housing and Communal Services, Russian Technologies, Rosnanotech, and Olimpstroy were created or planned to be created. The Development Bank (former VEB) was created in the form of a Civil Code. In the form of a state corporation, the "Deposit Insurance Agency" was created. A number of officials and politicians called for the creation of state corporations in the field of fisheries, housing construction, road construction, drug supply, and machine tool building. At the same time, the state "United aircraft corporation" and "United shipbuilding corporation» were created in the form of an open joint-stock company, not a group of companies.

State Corporation a non-profit organization without membership is recognized, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. The form of a state corporation appeared in Russia in 1999, when the Agency for the Restructuring of Credit Organizations (ARCO) was created to help troubled banks. The return to this form occurred due to the fact that there are areas in which it is unprofitable for private business to invest, or profit is possible, but only in the long term. And also because there was no other organizational and legal form of legal entitiessuitable for efficient operation in the performance of functions performed by state corporations: open joint-stock companies are commercial organizations and, therefore, pursue the goal of making a profit, and state unitary enterprises are characterized by insufficient efficiency and flexibility in decision-making, which does not contribute to efficient operation.

State corporations are created on the basis of federal law. Currently, the leading state corporations in Russia are the Fund for Assistance to the Reform of Housing and Communal Services, the Russian Corporation of Nanotechnologies, the Bank for Development and Foreign Economic Affairs (Vnesheconombank), the State Atomic Energy Corporation Rosatom, the State Corporation for the Construction of Olympic Venues and the Development of the City of Sochi as a Mountain Climate resort (Olympstroy), State Corporation "Russian Technologies", Deposit Insurance Agency.

organizational unity. In terms of its legal status, a state corporation is closest to government agency. But it has no founding documents. Each state corporation is created on the basis of a special federal law that establishes the specifics of its legal status. The law must determine its name, purpose of activity, location, management procedure, including the bodies of a state corporation and the procedure for their formation, the procedure for appointing and dismissing corporation officials, the procedure for reorganizing and liquidating a corporation, and the procedure for using the property of a state corporation in the event of its liquidation.

Property isolation. The property transferred to the state corporation by the Russian Federation shall be the property of the state corporation. In cases established by law (Article 18 of the Federal Law on the Development Bank), an authorized capital may be formed at the expense of a part of the property of a state corporation, which determines minimum size property of a state corporation that guarantees the interests of its creditors.

The state corporation uses property for the purposes determined by the law providing creation of the state corporation. The public corporation may entrepreneurial activity only insofar as it serves the achievement of the goals for which it was created, and corresponding to these goals.

A public corporation is required to publish annually reports on the use of its property in accordance with the law providing for the creation of a public corporation.

Independent property liability. A state corporation shall not be liable for the obligations of the Russian Federation, and the Russian Federation shall not be liable for the obligations of a state corporation, unless otherwise provided by the law providing for the establishment of a state corporation.

State companies entered into Russian system legal entities relatively recently, in July 2009.

A state company is recognized as a non-profit organization that does not have membership and was created by the Russian Federation on the basis of property contributions to provide public services and perform other functions using state property on the basis of trust management. A state company is created on the basis of federal law (Article 7.2 of the Federal Law on non-profit organizations).

Like state corporations, state companies are created on the basis of a property contribution from the Russian Federation, and are established on the basis of federal law. They can be declared insolvent (bankrupt) only if such a possibility is provided for by the federal law on their establishment.

Property transferred to a state company by the Russian Federation as property contributions, as well as property created or acquired by a state company as a result of the state company’s own activities, with the exception of property created at the expense of income received from the implementation of trust management activities, is the property of a state company, unless otherwise provided by federal law.

The main difference between a state company and a state corporation is that a state company is focused on providing public services. At present, the State Company "Russian Highways" has been established.